James Runzheimer, AttorneyJames Runzheimer, Attorney2026-09-05T13:38:51Zhttps://www.runzheimerlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1603816/2020/05/apple-touch-icon-75x75.pngOn Behalf of James Runzheimer, Attorney<![CDATA[Contracts: What is scope of work?]]>https://www.runzheimerlaw.com/?p=468382026-09-05T13:38:51Z2026-09-05T13:38:51ZTexas business law, these details may become particularly important if disagreements develop as a project evolves.
What does a scope of work include?
The contents depend on the project, but the scope should describe the work with enough detail for both parties to understand what must be completed. This may include specific tasks, expected deliverables, project milestones, deadlines and responsibilities. The scope can also establish how completed work will be reviewed and accepted. Defining these expectations makes it easier to determine whether each party has fulfilled its contractual obligations.
Why are project boundaries important?
A project can gradually expand when additional tasks are requested after work begins. Without clear boundaries, the parties may disagree about whether those tasks were included in the original price and timeline. A scope of work can address this problem by identifying what is included and what falls outside the agreement. It may also explain how the parties must approve changes before additional work begins.
How does the scope affect payment?
Payment obligations are often connected to the work described in the contract. For example, payment may become due when a particular deliverable is completed, approved or reaches an agreed milestone. Clearly connecting payment requirements to measurable work can reduce confusion about when compensation is owed and whether contractual requirements have been satisfied.
What happens when the scope is unclear?
Unclear wording can contribute to contract disputes. One party might believe additional services were included while the other considers them separate work. Similar disagreements can arise over deadlines, quality standards and whether a deliverable is complete. Written terms, documented changes and clear acceptance requirements can provide useful evidence when determining what the parties originally agreed to do.
The scope of work can affect both project management and contractual rights. If unclear terms, unexpected work or payment disagreements are creating problems, consider seeking legal guidance to understand how the protections afforded by contract law may apply to your situation.]]>On Behalf of James Runzheimer, Attorney<![CDATA[Can a personal representative back out of estate administration?]]>https://www.runzheimerlaw.com/?p=468372026-08-16T01:05:12Z2026-08-16T01:05:12Zlegal professional proficient in estate administration can help prepare necessary filings and arrange an orderly transfer of responsibility.
How can an appointed representative resign?
A personal representative who has already qualified cannot abandon the estate informally. The representative must file a written resignation application with the court clerk. The filing must be accompanied by a complete, verified exhibit and final account showing the estate’s condition.
The accounting should identify the property received, money spent and claims addressed during the representative’s service. It must also disclose the assets that remain under the representative’s control.
The probate court may schedule a hearing, examine the accounting and consider any objections. If the account is satisfactory, the court can direct the resigning representative to deliver the remaining property to the appropriate successor or other legally entitled person.
When immediate action is necessary, the court may accept the resignation and appoint a successor before completing the accounting process. However, the former representative and any sureties generally remain responsible until the court approves the final account and issues a discharge.
Why is it risky to simply walk away?
Until the court approves the resignation, the original appointment remains effective. Ignoring ongoing responsibilities can lead to missed creditor notices, unpaid expenses or losses involving estate property. The representative could face removal and claims for breach of fiduciary duty.
Anyone who no longer wishes to serve should act before problems develop. Seeking legal assistance can help an representative prepare an accurate accounting, obtain court approval and transfer the estate without inspiring unnecessary disputes.]]>On Behalf of James Runzheimer, Attorney<![CDATA[What are the 3 types of breach of contract?]]>https://www.runzheimerlaw.com/?p=468362026-08-03T20:10:00Z2026-08-03T20:09:59ZContracts help define the rights and responsibilities of everyone involved in a business or personal transaction. When one party fails to meet those obligations, the agreement may be breached, creating financial and legal consequences.
Not every breach has the same impact. Some violations are minor, while others are serious enough to justify ending the agreement or seeking compensation. Understanding the different types of contract breaches can help you recognize how a dispute may be handled.
Material breach
A material breach is the most serious type of contract violation. It occurs when one party fails to perform an essential obligation, preventing the other party from receiving the primary benefit of the agreement.For example, if you purchase specialized equipment for your business but receive a completely different product, the contract's main purpose has not been fulfilled. A material breach may allow the non-breaching party to terminate the agreement and pursue damages.
Anticipatory breach
An anticipatory breach happens before performance is due. One party clearly communicates through words or conduct that they will not fulfill their contractual obligations.Because the intention not to perform is made clear in advance, the other party may not have to wait until the deadline passes before taking steps to protect their interests. This can help reduce additional financial losses.
Minor breach
A minor breach involves a less significant failure to meet the contract terms. The essential purpose of the agreement is still achieved, but part of the promised performance is incomplete or defective.For instance, a supplier may deliver the correct product but fail to include an agreed feature or accessory. In many situations, the contract remains enforceable, although the affected party may seek compensation for the limited loss caused by the breach.The appropriate remedy for a contract dispute depends on the specific facts, the contract language and the effect the breach had on the agreement. A careful review of the circumstances is often necessary before deciding how to proceed.Whether you are enforcing an agreement or responding to a claim, understanding contract law in Texas can help you evaluate your options. If you are involved in a dispute involving the types of contract breaches, seek legal guidance to understand your rights and the remedies that may be available.]]>On Behalf of James Runzheimer, Attorney<![CDATA[What is an unconscionable contract?]]>https://www.runzheimerlaw.com/?p=468352026-07-18T21:49:34Z2026-07-18T21:49:34ZUnconscionable contracts are imbalanced
An unconscionable contract provides far more protection and benefit for one party as opposed to the other. In some cases, contracts are unconscionable due to the terms that they include.
Particularly in scenarios where contracts focus solely on the protection of an employer, the courts may agree that the document is unconscionable because it unfairly prioritizes one party over the other. Other times, the negotiation process leading to the contract signing could lead to claims that the agreement is unconscionable.
If one party coerced or threatened the other into signing, especially if there is a significant imbalance of authority between the two parties, then the courts may agree that the contract is unconscionable and that invalidating it is an appropriate legal remedy.
Reviewing the terms of an agreement, and the circumstances leading to its signing, with a professional can help work determine if they are in a position to challenge a contract they’ve signed. Lawyers can provide valuable insight into the legal obligations created by contracts and strategies for ending them early.
]]>On Behalf of James Runzheimer, Attorney<![CDATA[What is the process of changing a registered agent in Texas?]]>https://www.runzheimerlaw.com/?p=468342026-07-14T16:14:15Z2026-07-14T16:14:15ZEvery Texas business is required to maintain a registered agent to receive important legal and government documents. This role helps ensure that official notices, service of process and state correspondence reach your business promptly.
As your company grows, you may decide to appoint a different registered agent. Whether you want greater privacy, improved reliability or a professional service, understanding the process of changing a registered agent can help you remain compliant with Texas business formation law.
Choose a qualified replacement
Before making any changes, select a new registered agent who satisfies Texas requirements. The new agent must have a physical address in Texas and be available during normal business hours to receive official documents on behalf of your business. Many business owners choose a professional registered agent service, while others appoint an individual who meets the legal qualifications.
Obtain the new agent's consent
A registered agent cannot be appointed without agreeing to serve in that role. Before filing any paperwork, confirm that the new agent has accepted the appointment. This step is important because Texas requires the designated registered agent to consent to receiving legal and official communications for the business.
File the required change with the state
Changing a registered agent requires submitting the appropriate form to the Texas Secretary of State. The filing identifies your business, provides the information for the new registered agent and updates the official state records. Businesses should carefully review the information before submitting the filing to avoid unnecessary delays or corrections.
Wait until the change becomes effective
After the filing is submitted and accepted, the new registered agent officially becomes responsible for receiving legal notices and government correspondence for the business. Until that time, the current registered agent generally remains the official contact listed with the state.Keeping your registered agent information current helps prevent missed deadlines, legal notices or other important communications. As part of Texas business formation law, changing a registered agent is a straightforward process when completed correctly. Whether you are appointing a professional service or another qualified individual, following each required step helps your business remain in good standing. If you have questions about changing a registered agent or other business compliance matters, seek legal guidance before filing your documents.]]>On Behalf of James Runzheimer, Attorney<![CDATA[Does a variance change the zone?]]>https://www.runzheimerlaw.com/?p=468322026-06-29T14:41:27Z2026-06-29T14:41:27ZWhen it comes to real estate, a variance can help a property owner get around zoning regulations. An example could be if a business owner purchases a property that is zoned for residential use, but they want to open a commercial location. Even though it is not in a commercial zone, a variance may give them the ability to operate the business anyway.
We recently discussed when variances are typically approved. They are often used if the lack of a variance creates an undue hardship, for example. The government will also consider whether there would be a detrimental impact on neighboring properties. If there is not, the variance is more likely to be approved.
The zone stays the same
But even when these conditions are met and a variance is issued, that does not actually change the zoning at all. The hypothetical property noted above is still a residential property. The owner has just been given a variance to allow them to begin commercial operations.This is an important distinction to make. For one thing, if that person buys another property in the same area, they should not automatically assume that commercial operations will be allowed. The same is true for other potential owners. If someone else buys a neighboring property, they may want to open their own business, but they would need to get their own variance in order to be legally permitted to do so.A variance is not guaranteed, and every case is unique, but it can be a useful tool when purchasing or developing real estate. Property owners need to understand exactly what steps to take and what legal options they have.
]]>On Behalf of James Runzheimer, Attorney<![CDATA[Why is a dose of pessimism crucial when starting a business?]]>https://www.runzheimerlaw.com/?p=468312026-06-18T15:09:06Z2026-06-18T15:09:06ZStarting a business and driving it forward takes a huge amount of energy. A prospective business owner who lacks a positive mindset is unlikely to get very far. That being said, entrepreneurs need to maintain a balanced view, as pure positivity could prove problematic.Assuming everything is going to work out or focusing only on the positives in a situation could leave you unprepared for the harsh realities of life as a business owner.
Most businesses will encounter problems
Most businesses do not have a smooth journey. Understanding this from the outset allows you to put measures in place to plan for when things don’t go the way you hoped. One example is if you start with a partner. One report found that 70% of business partnerships fail within the first five years. A good partnership contract should lay out how disputes will be dealt with, such as specifying that mediation must be tried before any attempt at litigation. It might also make clear how the price will be determined if one partner is to buy out the other.Another report from 2024 found that 40% of small businesses had been sued by an employee in the previous year. Having a plan in place for such situations can prevent them from escalating unnecessarily. For example, providing clear channels for employees to raise complaints. Disputes or emergencies can also put you in the public eye, so determining who will take charge of communication in such situations is essential. Finally, it is always wise to consider that you, as a business owner, may unexpectedly be forced to step back from operations. Putting a succession plan in place early on can help the business continue despite this.Learning more about how to plan for events you hope won’t occur is an important step when starting a new business. Legal guidance can make that easier. ]]>On Behalf of James Runzheimer, Attorney<![CDATA[What happens during a rezoning dispute in Arlington?]]>https://www.runzheimerlaw.com/?p=468292026-06-01T17:39:56Z2026-06-01T17:39:56ZDisputes increase the level of approval required
Property owners have the right to respond to and contest rezoning proposals. If no one challenges a rezoning effort, then a standard majority vote by relevant municipal authorities can be enough to change the current zoning for a property.
However, when there are disputes related to the rezoning effort, the degree of support required for rezoning shifts significantly. Current rezoning rules require a supermajority in scenarios where neighboring property owners question a rezoning request. Two-thirds of those voting on a rezoning proposal must approve the request in cases where neighbors argue that the change could affect the property values or their right to quietly enjoy their holdings.
Those hoping to rezone a property may need assistance navigating the zoning process while addressing concerns with neighbors to avoid challenges that could complicate the process. Working with a land use and zoning attorney can make zoning changes more accessible for property owners and businesses.]]>On Behalf of James Runzheimer, Attorney<![CDATA[The importance of written business contracts]]>https://www.runzheimerlaw.com/?p=468282026-05-21T18:39:40Z2026-05-21T18:39:40ZIn Texas, you can technically use either written or oral business contracts. Both of them can be binding.
However, an oral contract is more of a risk. Many small business owners are tempted to enter into handshake deals with other people, especially if they know each other and feel confident that the other party will uphold their end of the deal. But this can lead to significant legal complications that a written business contract would avoid.
Addressing a contract breach
Most importantly, if an oral contract is breached, it can be very hard to prove what terms were agreed to in court. It often becomes a situation where both parties tell a different story about what they believed the terms were. With a written contract, you can simply go back and look at these details. For instance, perhaps you have been underpaid for your services. You claim that the other party said they would pay you $10,000, but you were only paid $5,000. If you had it in writing that you were owed $10,000 for the job, it is easy to prove that there has been a breach.But if it was just a handshake deal, the other party may claim that they only agreed to pay $5,000 from the very beginning. Whether they are doing this intentionally to get out of a portion of the payment or if it is a miscommunication issue where they genuinely believed that the cost was much lower, it is still very difficult to prove without a written agreement.
Drafting business contracts
The best way to avoid many of these disputes is simply to draft official business contracts in advance. This is a risk management strategy that can help your business, so be sure you know what legal steps to take.
]]>On Behalf of James Runzheimer, Attorney<![CDATA[Do you need a short-term or long-term business plan?]]>https://www.runzheimerlaw.com/?p=468272026-05-07T21:12:43Z2026-05-07T21:12:43ZPlanning in advance is crucial when starting a business, but the truth is that you may need multiple business plans. Many business owners create a short-term plan, a medium-term plan and a long-term business plan. You can develop these simultaneously, rather than choosing just one.Naturally, you may need to make adjustments to these plans over time. For instance, if you have a one-year plan, a five-year plan and a 10-year plan, things can change significantly depending on how the business performs. But having general guidelines in place can still help you build the long-term success that you desire.
How your goals may differ
Often, short-term business goals involve simply getting the company off the ground, starting marketing efforts, building brand awareness and hoping to break even. You may have taken out business loans to get started, so focusing on generating enough revenue to pay off your obligations can help create stability.Medium-term business goals often involve improving the company as you gain experience. You may discover more about the machinery and equipment you need or learn different ways to focus on employee training. There are often things you cannot predict in advance, but you will learn how they affect the business during the first few years and can address them in real time.Long-term business plans often focus on sustainability and growth. Maybe you want to begin with a single location, but your ultimate goal is to expand to multiple locations or even start a franchise. Taking things step-by-step allows you to work toward that long-term success.
Drafting your business plan
The specific business plan you create will be unique to your situation, but this helps demonstrate how important it is to plan well in advance, even before opening your doors. It can help to work with an experienced law firm while drafting your business plan, conducting due diligence, creating relevant contractual agreements and addressing other legal concerns.
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